HB 6085: MAJ Gets Democrats To Increase Medical Malpractice Awards Caps

The Michigan State Medical Society, which represents doctors, just sent out a bulletin to their membership:

https://www.msms.org/Advocacy/Engage

Act Now to Protect Michigan’s Medical Liability Laws! Tell your lawmakers to vote NO on HBs 6085, 6086 & SBs 1158, 1159

The stability of Michigan’s healthcare system is under threat. Lansing lawmakers are considering changes to Michigan’s medical liability laws—changes that would drive up costs, push physicians out of the state, and bring back the chaos and high costs that come with the practice of defensive medicine.

HB 6085 and SB 1158 will more than double the cap on noneconomic damages in medical malpractice cases.

HB 6086 and SB 1159 expand the damages to be sought in medical malpractice cases brought pursuant to the wrongful death statute, by including speculative damages based on projections of the deceased’s “lost earning capacity” and household services.

We can’t afford to return to the pre-reform days dominated by excess litigation, exorbitant malpractice premiums and physicians leaving the state in droves. Contact your legislators today and tell them to stand with Michigan’s patients and physicians by protecting our liability laws. Let’s keep Michigan a state where high-quality, affordable healthcare is accessible to all.

Act today. Message your representatives and urge them to vote NO on HB 6085 and HB 6086 and SB 1158 and 1159—bills that threaten Michigan’s critical medical liability protections.

The text MSMS recommends doctors send their lawmakers:

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Protect Michigan’s Medical Liability Laws!

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I’m reaching out as a Michigan physician to ask that you protect our state’s medical liability laws, which are essential in keeping healthcare costs down and ensuring stable, quality care for our patients.

Without these protections, Michigan risks a return to an era where physicians are forced to practice “defensive medicine,” ordering unnecessary tests and procedures simply to avoid potential lawsuits. This practice doesn’t improve care; instead, it drives up costs for everyone—patients, providers, and our entire healthcare system.

The current laws also prevent excessive damage awards not based on the merits of a plaintiff’s claims that burden our legal system and push malpractice insurance rates to unsustainable levels. Losing these protections would make it harder for physicians to afford to practice here, worsening our already serious physician shortage and limiting patient access to care.

I ask that you please protect Michigan’s liability laws to keep healthcare affordable and accessible for all by voting NO on HBs 6085 and 6086 and SBs 1158 and 1159. Michigan can’t afford to return to a system where increased risk of lawsuits, not patient care, drive medical decisions. Please do your part to keep Michigan a place where healthcare remains affordable and accessible for everyone by protecting our current liability laws.

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The Washington, D.C.-based American Tort Reform Foundation’s annual “Judicial Hellhole” report ranks the Michigan Supreme Court the No. 8 worst “judicial hellhole” in the United States:

https://www.dbusiness.com/daily-news/study-michigan-supreme-court-is-8th-worst-judicial-hellhole-in-us/

https://www.judicialhellholes.org/hellhole/2024-2025/the-michigan-supreme-court/

Study: Michigan Supreme Court is 8th Worst ‘Judicial Hellhole’ in U.S.
The Washington, D.C.-based American Tort Reform Foundation’s annual “Judicial Hellhole” report ranks the Michigan Supreme Court the No. 8 worst “judicial hellhole” in the United States.
By Tim Keenan -December 10, 2024

The Washington, D.C.-based American Tort Reform Foundation’s annual “Judicial Hellhole” report ranks the Michigan Supreme Court the No. 8 worst “judicial hellhole” in the United States.

According to the report, Michiganders pay $1,046 annually in a “tort tax,” while more than 97,000 jobs are lost each year due to excessive tort costs.

“The Michigan Supreme Court took a contradictory approach to junk science in 2024,” the report reads. “On the one hand, in March 2024, the court took a positive step by amending Rule 702 of the Michigan Rules of Evidence to mirror the newly amended federal Rule 702. The reinforced rule clarifies that a party seeking to introduce expert testimony must demonstrate that the testimony is based on reliable scientific principles and methods and emphasizes the judge’s gatekeeping role.

“On the other hand, the court issued a ruling that will allow junk science to permeate Michigan courtrooms. In Danhoff v. Fahim, the court held that ‘scientific literature is not always required to support an expert’s standard-of-care opinion, but that scientific literature is one of the factors that a trial court should consider…’ Additionally, the court held that ‘peer-reviewed, published literature is not always a necessary or sufficient method of meeting the requirements of MRE 702.’”

Amanda Fisher, Michigan state director of the National Federation of Independent Businesses (NFIB), says, “Michigan used to be a shining example of tort reform, but sadly that is no more. It’s no surprise that the Michigan Supreme Court has earned the title of ‘judicial hellhole’ this year after the disastrous rulings issued this term, especially those affecting the small business community.

“Unfortunately, the courts now act as judicial activists, as the Michigan Supreme Court displayed this year with its ruling on Mothering Justice, et. Al. v. the State of Michigan (Adopt and Amend), which essentially invalidated the legislature’s constitutional authority and has sent small businesses reeling with the burden placed on them regarding the Earned Sick Time Act and Minimum Wage.

“The Michigan Supreme Court also essentially invalidated the Administrative Procedure Act (APA) in Michigan Farm Bureau v. Department of Environment, Great Lakes, and Energy, giving state departments the ability to go around the APA in order to pass burdensome regulations on small businesses with no oversight or transparency,” Fisher continues. “These are two of many decisions that are impacting small businesses. It is crucial that we work toward electing ‘rule of law’ judges and enact meaningful reform to help protect small businesses from lawsuit abuse.”

Philadelphia’s Court of Common Pleas and the Pennsylvania Supreme Court were No. 1 on the list, followed by New York City, South Carolina, Georgia, California, Cook County (Chicago), Ill., and St. Louis. King County, Wash. and Louisiana round out the top 10.

Click here to read the full report on the Michigan Supreme Court.